The Florida Senate

626.9921  Filing of forms; required procedures; approval.--

(1)  A viatical settlement contract form, viatical settlement purchase agreement form, escrow form, or related form may be used in this state only after the form has been filed with the department and only after the form has been approved by the department.

(2)  The viatical settlement contract form, viatical settlement purchase agreement form, escrow form, or related form must be filed with the department at least 60 days before its use. The form is considered approved on the 60th day after its date of filing unless it has been previously disapproved by the department. The department must disapprove a viatical settlement contract form, viatical settlement purchase agreement form, escrow form, or related form that is unreasonable, contrary to the public interest, discriminatory, or misleading or unfair to the viator or the purchaser.

(3)  If a viatical settlement provider elects to use a related provider trust in accordance with this act, the viatical settlement provider shall file notice of its intention to use a related provider trust with the department, including a copy of the trust agreement of the related provider trust. The organizational documents of the trust must be submitted to and approved by the department before the transacting of business by the trust.

(4)  The department may adopt, by rule, standardized forms to be used by licensees, at the licensee's option in place of separately approved forms.

History.--s. 12, ch. 96-336; s. 4, ch. 98-164; s. 3, ch. 2000-344; s. 2, ch. 2001-207; s. 2, ch. 2001-247.